Opinion Flash

November 25, 2002
Volume 8 — Number 208

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court:TSC - Rules

JOSEPH D. BOLINGER v. SHARON ANN PIERCE BOLINGER Court:TCA Attorneys: Terry M. Basista, Jacksboro, for the Appellant, Sharon Ann Pierce Bolinger Johnny V. Dunaway, LaFollette, for the Appellee, Joseph D. Bolinger Judge: GODDARD First Paragraph: In this divorce case, the sole issue for our review is whether the Trial Court properly classified three IRAs held by Joseph D. Bolinger ("Husband") as partially marital and partially separate assets. Applying the analysis set forth by the Supreme Court in the case of Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002), we hold that the IRAs, which were funded with premarital assets, should be classified as Husband's separate property. We therefore vacate the Trial Court's judgment that the IRAs are partially marital assets and remand this case. http://www.tba.org/tba_files/TCA/bolinger.wpd
ALVIN RAY MAYS v. HELEN DARLENE MAYS Court:TCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for Appellant. Gregory W. Francisco, Kingsport, Tennessee, for Appellee. Judge: FRANKS First Paragraph: In post-divorce action, the Trial Court changed from the mother to the father, the role as primary custodian of the minor child. On appeal, we affirm. http://www.tba.org/tba_files/TCA/maysa1.wpd
CHARLES MONTAGUE v. MICHAEL D. KELLUM Court:TCA Attorneys: Charles Montague, pro se Appellant, Mountain City, Tennessee. James A. Nidiffer, Johnson City, Tennessee, for the Appellee Michael D. Kellum. Judge: SWINEY First Paragraph: This legal malpractice claim arises from the filing by attorney Michael D. Kellum ("Defendant") of an unverified post-conviction petition on behalf of Charles Montague ("Plaintiff"). The post- conviction petition was dismissed by the Criminal Court on the merits and because it was not verified. We vacated a previous grant of summary judgment to Defendant to allow Plaintiff time to conduct discovery. While on remand and during discovery, the Court of Criminal Appeals affirmed the dismissal of Plaintiff's post-conviction proceeding for the sole reason that the petition was unverified. Thereafter, the Trial Court again dismissed this lawsuit after concluding, inter alia, Plaintiff had suffered no damages. We vacate and remand. http://www.tba.org/tba_files/TCA/montague.wpd
DEBRA LEE BENNETT PERSADA, v. TIM HOWARD PERSADA Court:TCA Attorneys: Thomas E. Cowan, Jr., Elizabethton, Tennessee, for Appellant. Olen G. Haynes, Jr., and Robert D. Arnold, Johnson City, Tennessee, for Appellee. Judge: FRANKS First Paragraph: In divorce action the parties reached an agreed property settlement by mediation. Before Judgment, the husband repudiated the agreement, but the Trial Court heard evidence on the validity of the agreement and enforced the agreement by entering Judgment thereon. We affirm on appeal. http://www.tba.org/tba_files/TCA/persadad.wpd
STATE OF TENNESSEE v. RONNIE K. DANIEL AND JESSICA J. ECHOLS Court:TCCA Attorneys: J. Daniel Freemon, Lawrenceburg, Tennessee (on appeal), and Lee Ofman, Franklin, Tennessee (at trial), for the appellants, Ronnie K. Daniel and Jessica J. Echols. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon E. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Williamson County jury convicted the defendants of DUI, first offense. Defendant Daniel was sentenced to eleven months and twenty-nine days, all suspended except for 90 days incarceration. Defendant Echols' eleven-month and twenty-nine day sentence was suspended after 30 days incarceration. The sole issue on appeal is whether their sentences are excessive. We find the defendants failed to file their notices of appeal within 30 days of the trial court's orders overruling their motions for new trial; therefore, their appeal is dismissed. http://www.tba.org/tba_files/TCCA/daniel.wpd
STATE OF TENNESSEE v. OLIVIA WILLIAMS Court:TCCA Attorneys: Susanna L. Thomas, Newport, Tennessee, for the appellant, Olivia Williams. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to one count of Class D felony theft over $10,000, received an agreed three-year sentence, and agreed to allow the trial court to determine the manner in which her sentence would be served. The trial court ordered the sentence to be served in incarceration. In this appeal, the defendant argues the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamso.wpd

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